Bill Text: OR SB380 | 2011 | Regular Session | Enrolled


Bill Title: Relating to lawyer trust accounts; and declaring an emergency.

Spectrum: Unknown

Status: (Passed) 2011-06-09 - Effective date, June 9, 2011. [SB380 Detail]

Download: Oregon-2011-SB380-Enrolled.html


     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

                            Enrolled

                         Senate Bill 380

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary for Oregon State Bar Board of Governors)

                     CHAPTER ................

                             AN ACT

Relating to lawyer trust accounts; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

  SECTION 1.  { + Section 2 of this 2011 Act is added to and made
a part of ORS 9.005 to 9.755. + }
  SECTION 2.  { + (1) An active member of the Oregon State Bar
shall certify annually to the bar whether the member maintains
any lawyer trust accounts in Oregon. If a member maintains one or
more lawyer trust accounts, the member must disclose the
financial institution in which each account is held and the
account number for each account. The executive director of the
Oregon State Bar shall prescribe a form and due date for the
certification and disclosures required by this section.
  (2) If a member does not file the certificate and disclosures
required by this section by the due date prescribed under
subsection (1) of this section, the executive director shall send
written notice of the default to the member. The notice shall be
sent by registered or certified mail to the last-known
post-office address of the member. If a member does not file the
certificate and disclosures required by this section within 60
days after the date the notice is mailed, the person's membership
in the bar is automatically suspended. The executive director
shall provide the names of all persons suspended under this
section to the judges of the circuit courts, the Court of Appeals
and the Oregon Tax Court.
  (3) A person suspended under this section may be reinstated to
membership in the bar only if the person pays all required fees
and contributions and complies with all rules of procedure and
rules of the Supreme Court relating to reinstatement. + }
  SECTION 3.  { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Enrolled Senate Bill 380 (SB 380-INTRO)                    Page 1

Passed by Senate March 3, 2011

    .............................................................
                               Robert Taylor, Secretary of Senate

    .............................................................
                              Peter Courtney, President of Senate

Passed by House May 26, 2011

    .............................................................
                                    Bruce Hanna, Speaker of House

    .............................................................
                                   Arnie Roblan, Speaker of House

Enrolled Senate Bill 380 (SB 380-INTRO)                    Page 2

Received by Governor:

......M.,............., 2011

Approved:

......M.,............., 2011

    .............................................................
                                         John Kitzhaber, Governor

Filed in Office of Secretary of State:

......M.,............., 2011

    .............................................................
                                   Kate Brown, Secretary of State

Enrolled Senate Bill 380 (SB 380-INTRO)                    Page 3
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